Todd Smith v. Warden Dunlap
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:15-cv-02538-DCN Copies to all parties and the district court/agency. . Mailed to: Todd Smith. [16-7267]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. David C. Norton, District Judge.
January 31, 2017
February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Todd Smith, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant Attorney General, Melody Jane Brown, William Edgar
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2254 (2012) petition.
certificate of appealability.
The order is
28 U.S.C. § 2253(c)(1)(A) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
ruling is debatable, and that the petition states a debatable
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Smith has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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